North Dakota Code § 2-04-10

Board of adjustment
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1. All airport zoning regulations adopted under this chapter must provide for a board of 
adjustment to have and exercise the following powers:
a. To hear and decide appeals from any order, requirement, decision, or 
determination made by the administrative agency in the enforcement of the 
airport zoning regulations, as provided in section 2-04-08.
b. To hear and decide any special exceptions to the terms of the airport zoning 
regulations upon which such board may be required to pass under such 
regulations.
c. To hear and decide specific variances under subsection 2 of section 2-04-07.
2. If a zoning board of appeals or adjustment already exists, it may be appointed as the 
board of adjustment. Otherwise, the board of adjustment shall consist of five members, 
each to be appointed for a term of three years by the authority adopting the regulations 
and to be removable by the appointing authority for cause, upon written charges and 
after public hearing.
3. The concurring vote of a majority of the members of the board of adjustment is 
sufficient to reverse any order, requirement, decision, or determination of the 
administrative agency, or to decide in favor of the applicant on any matter upon which 
it is required to pass under the airport zoning regulations, or to effect any variation in 
such regulations.
4. The board shall adopt rules in accordance with the provisions of the ordinance or 
resolution by which it was created. Meetings of the board shall be held at the call of 
the chairman and at such other times as the board may determine. The chairman, or in 
the chairman's absence the acting chairman, may administer oaths and compel the 
attendance of witnesses. All hearings of the board must be public. The board shall 
keep minutes of its proceedings, showing the vote of each member upon each 
question, or, if absent, or failing to vote, indicating such fact, and shall keep records of 
its examinations and other official actions, all of which must immediately be filed in the 
office of the board and shall be a public record.

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